1st Credit agreed in writing on 21st October 2008 to remove a default - 'please allow sufficient time for the CRA's to action this.....' it's been a while now, i have written back to the specific person (with a copy of their letter) asking if it has already been done, if not when.. and that i had placed an interim hold on legal action. only heard back 'we have passed your letter to appropriate dept'. What is the best thing to do? as the default is causing credit problems. I dont want to faff around too much, and am very prepared to submit N1 claim through the courts, rather than go to Informaiton Commisioner and wait ages for a silly reply. Any advice?

Thanks for prompt reply... yes, all letters. inc cca request were sent recorded. So i best get on and do the complaints letter.

ok, i have trawled thru past posts etc, re. default removal, but please can anyone advise the actual procedure to issue court proceedings against a DCA and its directors? Background - DCA write on 1st Sept 2008 claiming i owe £10k - doesnt state current account or credit card or loan etc. This is the first i ever heard of this alleged debt.(no payments ever made, no arrears, nothing on credit file etc) i reply with usual CCA request stating i do not acknowledge debt etc. Standard reply back from DCA 8th september, they are requesting info from original lender etc. Hear nothing again, except a letter to say contact the office and also a letter 'we are considering issuing you with a statutort demand' dated 29th September. On 28th September, after i have clearly disputed the alleged debt, i see the dreaded default on my credit file. again, doesnt state whether current account or what, just 'bank', and issued by dca with a default date of sept 2003. No notice received by 1st credit. Hmm so on 1st October i write a letter before action to DCA and its directors. and letter to CRA's. DCA get back to me on 6th October saying it will be passed to relevant dept. Heard nothing since. Experian's reply was rather meaningless... so now, i want to issue court proceedings against DCA to get the default removed. i have read the ICO guidlines for this, but it doesnt state exacly how to start court proceedings... Anyone know? Thanks in advance.. By the way, is it imperative to request their complaints procedure prior to court action?

i like it!

The DCA is 1ST CREDIT This is what i would like to to now - issue a 'LETTER BEFORE ACTION' and strat legal proceedings against 1st Credit and it's directors for unlawful data processing. (placing default when the alleged debt is in dispute) I do not want them to have opportunities to go round in circles. How should i best go about taking them to court to get the default removed?

42man - Thanks, will send letter out today and keep you posted.

Many thanks for speedy replies.. 42Man - sounds good, do u know what legislation i can include to back this up - i.e. what they have breached etc. and i presume they are not legally entitled to place a default : A) after I have disputed the account B) they have failed to provide CCA paperwork c)without issuing a default notice Am i correct in presuming the above? just need to back up with all legislation etc. should i wait until the CCA request time limit is up - at the moment they are in default but the 30 days is not up yet.. Thank you

Hi, A well known DCA wrote to me a month ago claiming that i owe £10k for a bank account I do not know about. So i sent back a CCA request letter with £1 Postal order (3rd Sept), asking them to substantiate their claim etc, and stating that i do not acknowledge the debt. They sent back a standardised letter (8th Sept)saying they will request a copy of the agreement from their client and that copy statements are £10 etc.... I hear nothing again, until i see on my credit file 'DEFAULT' placed on 28th Sep 2008 by this DCA, for account detaulted on 1st sept 2003. But i have received no default notice for this and never heard anything from the supposed original lender all these years. And today 30th Sept i receive a letter from this DCA saying the contents of my letter have been noted and to contact their office to discuss matters.. (???) So firstly i have no CCA paperwork from them, no default notice (and of course they knew my correct address),I have disputed the debt yet they have placed a default.. Where do i stand and how is best to proceed? Many thanks, Belle

many thanks Tide... does all the helpful procedure you outlined apply even though i have paid the debt? At best, will i only be able to get one default removed? Thank you

Hi, I am new, so hello, i did post a thread in the welcome forum but wasnt sure how to move it to here to try get more response... Credit card debt for £1,160. Wescot placed default in May 2003 on my linked old address, default date of April 2003. never received the default notice. Underneath says 'customer gone away'. Lowell Portfolio 1 bought the debt and placed another default on my current address. This was placed in Oct 2006 on my credit file. i never received a default notice. Same default date and debt amount etc. They recently sent an SD. I have since contcated them and, whether right or wrong, offered full settlement of £900 which they accepted and i paid. How do i go about: 1. the two defaults for the same debt 2. not ever receiving a default notice Thanks

Hello all, i am new, have checked the FAQ's but couldn't find anything - however apologies if the subject has been brought up before. Briefly - i have been defaulted twice for the same debt, as shown on my equifax report. Original debt was credit card, amount £1,160. The debt was sold to Westcot. ~This bit is in my linked address and under a previous address.. Date updated 25/5/03. Default date entered as 30/4/03. Status default. Amount £1,160. There is a note underneath this to say customer gone away. I never received this default notice. The same debt i believe was sold to Lowell and they placed a default on my current address on 25/10/06. Default date 30/4/03, all same details as before. I was not aware a default was placed until i saw in on my credit report. They recently sent me a statutory demand after which point, whether right or wrong, i contacted them and offered £900 as full settlement, which they have accepted and i have paid. Where do i stand regarding 1. not ever receiving any default notice 2. westcot and lowell both placing defaults for the same debt - is this allowed all help much appreciated as i need to be armed with all specific info before i approach them. many thanks.